[graciegirl]

Again, a very interesting and informative thread and just when I was beginning to think I knew it all, I learn.

Our family has lived on two golf courses for the past thirty years, and we all play golf, some of us better than others. Those who play well stay in the fairway and those who don't have had the misfortune to hit into peoples yards. We all assumed and will continue to assume that we are responsible for any damage done when that little white missile goes astray.

I don't recall anytime when an accident occured that the golfer failed to pay. BUT this is Ohio, the moral center of the universe. ;D

Gracie Girl

[l2ridehd]

Who cares what the "legal" responsibility is with this. It is my moral responsibility to take ownership of my actions. And I would hope and expect every golfer to feel the same. If I damage someones property with a golf ball I will knock on their door and pay for or correct any damage. And if this truly is "Americas friendliest home town" I can't imagine anyone not doing that.

Everyone needs to take responsibility for what they do and not do in life.

[nitehawk]

If I buy a home on a golf course, I have to be prepared for a wayward golf ball, the same way if I build on the beach (in say the Hampton's in long island NY) the I have to realize there may be a hurricane someday that destroys my home. So i take the risk or insure myself against these thing. I really dint think anyone intentionally hits a golf shot at a home - its an accident If you have a home in the line of fire then protect yourself - either have the builder who put you home in that position, protect you with a fence, or insure yourself. anyone who buys a home has to accept the accidental "incoming"Would you buy a home next to a trap shooting range and not protect yourself

[Rokinronda]

The golfer should have absolutely offered to repair the window! Yes, accidents happen, does that make us unliable? > When our son was a typical young boy, :hot: we explained about hitting balls away from buildings. Windows break. Our son would be responsible for his actions! Well, that day came and our son emptied his piggy bank (and 2 weeks future allowance) and paid the neighbor for her broken window. He actually felt good doing the right thing!! Wonder what that golfer taught his kids? Well, my little boy is almost 24, an avid golfer and a respectible gentleman. He could not believe this story here! I was happy to read that the homeowner followed through, found the mans info, filed a police report. Insurance?? We all know there are deductables. The golfer thought he could just walk away and forget it? The damage and inconvenience was caused by HIM. Shame on him and anyone who thinks the same!! Own up to your mistakes and learn from them!

[samhass]

My thoughts, exactly.

Originally Posted by l2ridehd

Who cares what the "legal" responsibility is with this. It is my moral responsibility to take ownership of my actions. And I would hope and expect every golfer to feel the same. If I damage someones property with a golf ball I will knock on their door and pay for or correct any damage. And if this truly is "Americas friendliest home town" I can't imagine anyone not doing that.

Everyone needs to take responsibility for what they do and not do in life.

[johnfarr]

I live on a golf course in TV and we occasionally get hit by golf balls. I'm a novice golfer who has hit a house or two, and sympathize with my fellow duffers. Mostly the balls bounce off the roof and cause no damage. Some golfers are quite cavalier about hitting our house and drive by with a "who me?" expression, avoiding eye contact at all costs. I try to get outside and find the ball before the golfers pass through - and toss the ball to them with a friendly remark. The unexpected empathy melts them.

We love the evening quiet and love the location of our home and are glad we chose that location. Because we chose to live there we expect occasional accidental damage. And by living there I get plenty of extra balls.

We have gotten hit on the "golf side" of the house have had some damage. When the laundry window was broken the guilty golfer voluntarily and gladly paid the $135 repair bill. If the vinyl siding is hit dead center a small hole can result. Repair is $75-100. The last time we had to repair the siding I had the repair folks bring some extra siding in the correct color, and now I fix it myself.

I called The Villages golf office once to determine liability for home damage. They said they were not liable, and suggested homeowner and golfer "work it out." That response was what prompted me to cover my windows. Right after the broken window I went to Home Depot and bought Lexan clear plastic and installed it over all four golf side windows ($500). I placed spacers so the plastic is 1" away from the windows (can't transmit ball energy to glass, easier to clean). They assured me it would last many years.

Residents here are good, morally correct people and I would guess that most would do the right thing and pay for damage they caused - despite the laws.

[billethkid]

Any state I lived in and lived on a golf course, the golfers have not been held liable. It does fall into doing what's right. Very often a golfer may not know or be aware of damage he may have caused. And for those who are aware, too many will just ignore it unless confronted......some one said it earlier....if you choose to live on a golf course sooner or later you or your property WILL be hit.....what a surprise!!!!!!!!!!!!!

BTK

[Muncle]

Several people have commented that it doesn't matter who is liable, that the golfer should pay. That's a nice concept, but as many find out in law, there's a world of difference between what should be and what is. The Lynhaven web site quotes a lawyer who cites trespass claiming the golfer is legally liable. Others have cited a variety of sources showing no "legal" responsibility for the golfer. After reading all the posts, I don't know where the liability lies. :dontknow: One lawyer says one thing, but somebody had to finish at the bottom of the class, so who knows. And as we know, just because a law is interpreted one way in Arizona or California doesn't mean it applies Florida.

It's kinda like driving a roundabout. Yes, everyone should drive carefully and everyone should yield to avoid an accident, but there is a legal position on who has the right-of-way. Just because we don't know it or ignore it doesn't mean it doesn't exist. Re liability for an errant golf ball, there is a legal position. Just because it's the ethical thing to do (in our opinion) doesn't mean it's the legal thing. If you have a home in the danger zone you'd best have a valid legal ruling when considering insurance.

[johnfarr]

To billethkid


YUP!

Or as someone once said: If you buy a house near an airport, don't complain about the noise!

John

[Village Kid 2]

So, Nitehawk and BTK, to use your reasoning, if your car is parked in the parking lot at a shopping center, and I accidentally "bump" it coming out of my parking space causing slight damage, I should drive away because it was an "accident" and anyone parking in a parking lot should just assume that one day they will be hit. Correct?

VK2

Originally Posted by Muncle

Several people have commented that it doesn't matter who is liable, that the golfer should pay. That's a nice concept, but as many find out in law, there's a world of difference between what should be and what is. The Lynhaven web site quotes a lawyer who cites trespass claiming the golfer is legally liable. Others have cited a variety of sources showing no "legal" responsibility for the golfer. After reading all the posts, I don't know where the liability lies. :dontknow: One lawyer says one thing, but somebody had to finish at the bottom of the class, so who knows. And as we know, just because a law is interpreted one way in Arizona or California doesn't mean it applies Florida.

It's kinda like driving a roundabout. Yes, everyone should drive carefully and everyone should yield to avoid an accident, but there is a legal position on who has the right-of-way. Just because we don't know it or ignore it doesn't mean it doesn't exist. Re liability for an errant golf ball, there is a legal position. Just because it's the ethical thing to do (in our opinion) doesn't mean it's the legal thing. If you have a home in the danger zone you'd best have a valid legal ruling when considering insurance.

Think that the lawyer on the Lynnhaven web-site quoted is right about a golf ball hitting a house being a "trespass" but there is the practical matter of identifying the ball hitter with getting the name, address, and phone number and probably insurance information of the responsible golfer as well as getting reliable witnesses in case the guy or gal just says he or she did not do it. There is also the practical matter of whether or not pursuing a suit if needed would be worth the cost and all the related matters.

If all the bases have been covered with documentation of witnesses and the like, small claims court could be an option I suppose.

Also remember that property law was the most illogical and very much state to state variable while in law school. The Florida cases in the area would influence how things would turn out if some kind of legal battle heated up.

[billethkid]

VK....no.....I was merely stating what the laws/rules were in those places where I personally lived on golf courses. No promotion....no advocacy...et al.

What your example and the golfer responsibility do have in common is if nobody sees either one happen, most guilty parties will simply drive away....no matter the rule/law.....unfortunately.

BTK

This might be an interesting book to read if you are interested in this area of golf and the law. It is a to a book called The Little Green Book of Golf Law by John Minan http://www.abanet.org/abastore/index...rt&pid=1610058

[Village Kid 2]

Tal, Thanks, I think your analysis is right on the money and thanks for the book site.

BTK, there are two prongs to this issue, you are right, legal liability and moral responsibility.

The more interesting question is what "feels" right to folks if in this situation and the answers above show there are differences of opinion.

Maybe I better reinforce my home as JF did and buy a goalie outfit for sitting on the lanai.

VK2

[Irish Rover]

???OK - I live on a golf course (Whitmoor CC) in St. Charles, MO and this question comes up every year in the early spring. Usually the question is asked by a "new resident". Our pro shop asks that any golfer who hits a house or breaks a window, to let the homeowner know. We are also asked to take responsibility for our errant golf balls. However, several people smarter than me have said that legally the golfer is not responsible, the homeowner is. There have been many heated arguments about balls that have struck houses, swimming pools, and children's play sets on the course. My neighbor across the street has replaced several windows over the last few years at his own expense. His rationale is " I live on a fairway and I knew what could happen". My feeling is that if you knowingly put yourself in "harms way" you have to prepared for the consequences. I also inform the homeowner if I hit a house.
By the way, my homeowners policy covers me in case I happen to ding someone or their house. This is a topic that can get heated - good luck and buy the windows with the wire mesh in them. :bigthumbsup: